Opinion

U.S. Bank National Association v. Christian

Court
District Court, E.D. New York
Filed
Jul 10, 2020
Cited by
0 cases
Authority
More cited than 26.5%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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U.S. BANK NATIONAL ASSOCIATION,

Not in its individual capacity but solely AS

TRUSTEE FOR THE RMAC TRUST,

SERIES 2016-CTT

Plaintiff,

NOT FOR PUBLICATION

-against-

ORDER

19-CV-00427 (CBA) (RML)

LAURENCE CHRISTIAN, individually and as

surviving joint tenant with rights of

survivorship of Thomas Christian, NEW

YORK CITY PARKING VIOLATIONS

BUREAU; NEW YORK CITY

ENVIRONMENTAL CONTROL BOARD

Defendants.

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AMON, United States District Judge:

On January 22, 2019, Plaintiff U.S. Bank National Association, not in its individual

capacity but solely as Trustee of RMAC Trust, Series 2016-CTT, commenced this action against

Laurence Christian, individually and as surviving joint tenant with rights of survivorship of

Thomas Christian, (“Christian”) to foreclose a mortgage (the “Mortgage”) assigned to Plaintiff

and encumbering 100-12 222nd Street, Queens Village, NY 11429 (the “Property”). (See generally

ECF Docket Entry (“D.E.”) # 1.) Plaintiff seeks the principal balance due and owing on the note

and Mortgage, as well as taxes, assessments, water charges, insurance premiums, and other charges

Plaintiff paid “to protect the value of the Property and its rights in the Property,” plus interest. (Id.

¶¶ 20–21.) Plaintiff seeks to reform the property description in the mortgage in order to correct an

error in the legal description, which states the incorrect course directions. (Id. ¶¶ 25–27.) Plaintiff

also named as Defendants the New York City Environmental Control Board (the “ECB”) and the

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New York City Parking Violations Bureau (the “PVB”), (collectively, the “NYC Defendants”),

because both allegedly hold liens on the Property that are subject to and subordinate to Plaintiff’s

Mortgage. (Id. ¶¶ 6–7.)

On June 7, 2019, the Clerk of Court noted the defaults of all Defendants. (D.E. # 11.) On

September 9, 2019, U.S. Bank National Association moved for a default judgment of foreclosure

and sale. (D.E. # 13.) This Court referred Plaintiff’s motion for default judgment to the Honorable

Robert M. Levy, United States Magistrate Judge, for report and recommendation (“R&R”). (D.E.

dated January 9, 2020.) Magistrate Judge Levy submitted an R&R recommending that this Court

grant U.S. Bank National Association’s motion for default judgment. (D.E. # 17.)

No party has objected to the R&R, and the time for doing so has passed.1 When deciding

whether to adopt a report and recommendation, a district court “may accept, reject, or modify, in

whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C.

§ 636(b)(1). To accept those portions of the R&R to which no timely objection has been made, “a

district court need only satisfy itself that there is no clear error on the face of the record.” Jarvis

v. N. Am. Globex Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation marks

and citation omitted). The Court has reviewed the record and, finding no clear error, adopts the

well-reasoned R&R.

U.S. Bank National Association’s motion for default judgment is granted, and U.S. Bank

National is awarded: (1) $170,154.74 for the unpaid principal balance due under the Note; (2)

$63,556.99 in unpaid interest from January 1, 2013 to June 30, 2019; (3) $36,780.07 for

disbursements for taxes, insurance, inspections, and preservation; (4) pre-acceleration late charges

1 Although Magistrate Judge Levy submitted the R&R on February 25, 2019, Plaintiff did not file proof of service

stating that the defaulting Defendants were served with a copy of the R&R until April 7, 2020. (D.E. # 18.) Despite

Plaintiff’s untimely service, the fourteen days for objections to the R&R have expired. See 28 U.S.C. § 636(b)(1)(C).

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of $457.60; (5) per diem pre-judgment interest in the amount of $26.82 per day from July 1, 2019

until judgment is entered; (6) post-judgment interest pursuant to 28 U.S.C. § 1961(a); and (7)

$1,195.94 in costs. The Court further enters a judgment of foreclosure and sale and will appoint a

referee to effectuate the sale, upon Plaintiff’s submission of three candidates, accompanied by a

brief description of their qualifications. The Court also orders that the legal description of the

Property be reformed in the recorded Mortgage, and that the Assignment of Mortgage recorded on

August 17, 2011 be corrected, as described in the R&R. Lastly, Plaintiff’s motion for default

judgment is denied without prejudice as to the NYC Defendants.

SO ORDERED.

Dated: July 10, 2020

Brooklyn, New York _/s/ Carol Bagley Amon________________

Carol Bagley Amon

United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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